Do people over 65 have to pay capital gains?

Asked by: Alverta Harris  |  Last update: February 4, 2025
Score: 5/5 (24 votes)

Key takeaways. Seniors must pay capital gains taxes at the same rates as everyone else—no special age-based exemption exists.

At what age do you not pay capital gains tax?

Current tax law does not allow you to take a capital gains tax break based on your age. In the past, the IRS granted people over the age of 55 a tax exemption for home sales, though this exclusion was eliminated in 1997 in favor of the expanded exemption for all homeowners.

What makes you exempt from capital gains?

However, thanks to the Taxpayer Relief Act of 1997, most homeowners are exempt from needing to pay it.1 If you're single, you will pay no capital gains tax on the first $250,000 of profit (excess over cost basis). Married couples enjoy a $500,000 exemption.2 However, there are some restrictions.

How to qualify for 0% capital gains tax?

Who qualifies for 0% capital gains in 2025. Starting in 2025, single filers can qualify for the 0% long-term capital gains rate with taxable income of $48,350 or less, and married couples filing jointly are eligible with $96,700 or less. However, taxable income is significantly lower than your gross earnings.

How do I legally not pay capital gains tax?

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

Here's how to pay 0% tax on capital gains

20 related questions found

How to avoid capital gains tax over 65?

6 ways seniors can reduce capital gains taxes
  1. Wait to sell investments until you're in a lower tax bracket. ...
  2. Take advantage of tax deductions. ...
  3. Hold investments long-term. ...
  4. Make qualified charitable distributions (QCDs). ...
  5. Take advantage of capital loss carryovers. ...
  6. Use a step-up in basis.

What is a simple trick for avoiding capital gains tax?

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.

Does social security count as income for capital gains?

Social Security and capital gains

Keep in mind that up to 85% of Social Security benefits can be subject to tax depending on your overall income, including capital gains. The calculation that determines how much of your Social Security benefits are taxable includes realized gains.

What capital gains are not taxed?

Capital gains taxes apply to assets that are "realized," or sold. This means that the returns on stocks, bonds or other investments purchased through and then held unsold within a brokerage are considered unrealized and not subject to capital gains tax.

Do seniors pay capital gains tax on home sales?

The over-55 home sale exemption was a tax law that provided homeowners over age 55 with a one-time capital gains exclusion. Individuals who met the requirements could exclude up to $125,000 of capital gains on the sale of their personal residences. The over-55 home sale exemption has not been in effect since 1997.

Is there a one-time forgiveness on capital gains tax?

If it's your primary residence

You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly. The exemption is only available once every two years.

Do you have to pay income tax after age 75?

Taxes aren't determined by age, so you will never age out of paying taxes. People who are 65 or older at the end of 2024 have to file a return for tax year 2024 (which is due in 2025) if their gross income is $16,550 or higher. If you're married filing jointly and both 65 or older, that amount is $32,300.

Is there a once-in-a lifetime capital gains exemption?

The capital gains exclusion applies to your principal residence, and while you may only have one of those at a time, you may have more than one during your lifetime. There is no longer a one-time exemption—that was the old rule, but it changed in 1997.

Do you pay capital gains tax on a retirement account?

The IRS considers retirement accounts assets, but the most common types of retirement accounts don't incur capital gains taxes. Withdrawals from IRA and 401(k) accounts get taxed at your ordinary income tax level, not as capital gains.

Is social security considered income?

Will my Social Security benefits be taxed? For most people, the answer is yes. These strategies could help minimize the hit on this retirement income source. Social Security was never meant to be the sole source of income for retirees.

What state does not charge capital gains tax?

While the federal long-term capital gains tax applies to all states, there are eight states that do not assess a long-term capital gains tax. They are Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, and Wyoming.

How much gold can I sell without reporting to the IRS?

Defining Reportable Gold Transactions

Gold transactions exceeding $10,000 require the completion of Form 8300, which includes personal information like your name, address, and Social Security number. The IRS has a predefined list of items that require reporting when sold in certain quantities.

Do capital gains count as income?

While capital gains may be taxed at a different rate, they're still included in your adjusted gross income (AGI) and can affect your tax bracket and your eligibility for some income-based investment opportunities.

How to get 0% tax on capital gains?

A capital gains rate of 0% applies if your taxable income is less than or equal to:
  1. $47,025 for single and married filing separately;
  2. $94,050 for married filing jointly and qualifying surviving spouse; and.
  3. $63,000 for head of household.

At what age is Social Security no longer taxable?

At what age is Social Security no longer taxable? Social Security income can be taxable no matter how old you are. It all depends on whether your total combined income exceeds a certain level set for your filing status. You may have heard that Social Security income is not taxed after age 70; this is false.

How do I get the $16728 Social Security bonus?

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

What is the 6 year rule for capital gains tax?

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they move out of their PPOR and then rent it out. There are some qualifying conditions for leaving your principal place of residence.

Can I sell my house and buy another without paying capital gains?

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

Are there any loopholes for capital gains tax?

By investing in eligible low-income and distressed communities, you can defer taxes and potentially avoid capital gains tax on stocks altogether. To qualify, you must invest unrealized gains within 180 days of a stock sale into an eligible opportunity fund, then hold the investment for at least 10 years.